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Poster: cooperway4 Date: Jan 6, 2011 6:22pm
Forum: feature_films Subject: Re: Please remove

In Golan v. Gonzales and Golan v. Holder it was ruled that "In the United States, that body of law includes the bedrock principle that works in the public domain remain in the public domain. Removing works from the public domain violated Plaintiffs’ vested First Amendment interests." The case is on appeal.

So, unless overturned on appeal, these movies will remain in the public domain in the United States.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 6, 2011 7:59pm
Forum: feature_films Subject: Re: Please remove

That decision applies only to the state of Colorado and to people who were "reliance parties" under the Act.

(4) The term "reliance party" means any person who -
(A) with respect to a particular work, engages in acts,
before the source country of that work becomes an eligible
country, which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the source country becomes an eligible country, continues to engage in such acts;
(B) before the source country of a particular work becomes an eligible country, makes or acquires 1 or more copies or
phonorecords of that work; or
(C) as the result of the sale or other disposition of a derivative work covered under subsection (d)(3), or significant assets of a person described in subparagraph (A) or (B), is asuccessor, assignee, or licensee of that person.

So basically, if you weren't a commercial user in 1995 (or earlier) of the previously public domain work who lives in Colorado, your first ammendment rights have not been found to be violated.

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